Farleys Secures Substantial Compensation After Reopening CICA Claim More Than 20 Years Later

Farleys were approached by client B in 2023.  Jonathan Bridge accepted instructions from client B to claim damages from the Criminal Injuries Compensation Authority in relation to abuse that she had suffered at the hands of her grandfather as a child.

An application was submitted with supporting evidence.  In July of 2024, the CICA rejected the claim on the basis that it was a duplicate of an earlier application.

It transpired that client B had already had a CICA claim brought on her behalf as a child.  Following the indecent assault by her grandfather, she was awarded £2,000.00 by the CICA in 2004.  She had been unaware of this when she instructed Farleys to bring the duplicate claim.

We carefully considered client B’s options.  It was clear that when the original award was made, she could not have been aware of the extent of the psychiatric injury that she would suffer in adulthood as a result of the abuse.

It was decided that the best option would be to try and re-open the previous application and secure an additional damages award to reflect the psychiatric injury that she had developed and the impact that this had on her ability to work.

Jonathan Bridge accordingly submitted a fresh application to the CICA, this time to re-open the previous application on medical grounds.

Extensive evidence was obtained to support the application including a report from a clinical psychologist and records from treatment providers, HMRC and DWP.

The abuse had had a profound impact on the Applicant’s life and had caused lengthy periods where she was unable to work.

The CICA were eventually persuaded to re-open the claim on medical grounds even though more than 20 years had elapsed since the original application was dealt with.

A detailed Schedule of Loss was prepared.  This was particularly complex as the original claim had been dealt with under the 2001 Scheme and different rules applied, particularly to the loss of earnings claim.

The schedule was shared with the CICA.  They considered the schedule and put forward a substantial offer reflecting the increased Tariff award for psychiatric injury and the impact that this abuse had had on the Applicant’s ability to work.

Unfortunately, they discounted the award by 25% to reflect the criminal convictions of the Applicant since 2004 and the eventual settlement achieved was therefore reduced.

Commenting on the case, Jonathan Bridge said that he was delighted at this sizeable award for a client who had suffered throughout adulthood because of the abuse as a child.  It was a challenging and complex case involving expert evidence, lengthy medical, HMRC and DWP records and a very detailed Schedule of Loss.  The case was particularly difficult because of the convictions that had arisen between the original award and the re-opening of the case.  They would have been fatal to a claim brought under the 2012 Scheme but as this case was under the 2001 Scheme, we were able to successfully argue that the Applicant should still receive an award for what she had suffered.

Client B confirmed that she was delighted with the outcome and that she now felt that she had achieved some closure for what she had endured as a child.

At Farleys , our specialist have extensive experience of handling claims through the Criminal Injuries Compensation Authority (CICA), including challenging decisions and seeking to reopen previous claims. To discuss your circumstances in confidence, please call our dedicated abuse claims line on 0370 218 8666. Alternatively, you can contact us by email or through the online chat below.